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Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration

Abstract

The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodological foundations for such provision and the development of relevant legal provisions at various stages of realization of a person’s right to labor, as well as in part of ensuring the prohibition of compulsory labor, can qualitatively raise the level of legal regulation of labor migration through the inclusion of labor law science. In support of its argument the article provides a wide range of statistical data on Ukrainian labor emigration. It is determined that the existing problems of Ukrainian labor emigration in the context of ensuring freedom of work can be systematized at the stages of their occurrence in the following way: 1) before the emergence of labor relations with a foreign employer, that is, as long as a Ukrainian citizen is still in Ukraine and acts for the purpose of employment abroad; 2) the emergence of labor relations with a foreign employer, that is, the legal registration of such relationships; 3) the actual beginning of labor relations outside Ukraine, the course of labor relations and the presence of a Ukrainian labor emigrant in them; 4) termination of labor relations of the Ukrainian labor emigrant and return to the territory of Ukraine. The emergence of labor disputes is the optional stage.

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Who Gets in and Why? The Swedish Experience with Demand Driven Labour Migration – Some Preliminary Results

Abstract

In 2008, the Swedish government liberalised the labour migration policy to a demand driven model without labour market tests. This article analyses the effects of the policy change on the labour migration inflow. The migrants consist of three major categories including those moving to: skilled jobs as computer specialists and engineers, low-skilled jobs in the private service sector and seasonal work in the berry picking industry. The article shows that the new model has produced a labour migration inflow that is better explained by the access of employers and migrants to transnational networks rather than actual demand for labour

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International Labour Migration. A Present-Day Phenomenon Using the Example of Slovakia

Abstract

The term migration encompasses a dynamic and complex process affected by numerous components that at the same time creates numerous relationships and factors. Nowadays, migration is understood as a natural phenomenon that occurs in every state and as a source of cultural diversity or cultural contribution. Migration touches upon a great number of issues in the fields of demography, economy, language, religion, national security and politics.

This study describes international labour migration illustrated with the example of Slovakia as well as the theories that explain the beginnings and continuance of this type of migration. Contemporary migration trends shed light on which countries are presently the most attractive for labour migrants. The part devoted to migration policy attempts to generally define this term. The conclusion of the study is dedicated to the impact of labour migration on both the countries of origin and destination.

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Latvian Migrants’ Circular or Permanent Migration to Norway:
Economic and Social Factors

Abstract

This article analyses migration decisions and labour market manoeuvring of Latvian migrants to Norway, as well as the economic and social conditions that influence their choices. How do they adapt to the labour market in Norway? Do they practise circular migration, or do they aim for more permanent settlement? For some circular migrants, ‘reinforced’ motivation for migration emerges gradually, partly related to differences in working conditions – lower workload, better enforcement of work-safety regulations and opportunities for specialising in their field. Family and networks can influence both return and permanent settlement, depending on whether these are based in the home country or in Norway.

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Do Legal Barriers Really Protect the Labor Markets? Empirical Evidence of Polish Migrants after 2004

Abstract

The aim of this paper is to evaluate the role of intervening obstacles, understood as legal and policy barriers blocking immigrant access to foreign labor markets, in the international migration process. To do so, we use Polish international temporary emigrants in the years 2000-2012, which spans both the pre-accession period, when Polish citizens were not entitled to access other EU labor markets, as well as the post - accession period, when certain countries gradually removed intervening obstacles according to the transnational agreements.

The findings of this paper undermine the significance of intervening obstacles on Polish migration to EU countries. Instead, the primary driver of Polish migrants was the EU-15 business cycle - and not the opening of EU labor markets.

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Immigration in the European Union in the Second Decade of the 21st Century: Problem or Solution?

Immigration in the European Union in the Second Decade of the 21st Century: Problem or Solution?

This article presents immigration as an important issue discussed within European Union (EU). The author shows some statistics on international migration, population stocks of national and foreign (non-national) citizens. In destination countries, international migration may be used as a tool to solve specific labour market shortages. At the same time though, international migration alone will almost certainly not reverse the ongoing trend of population ageing experienced in many parts of the EU.

The main aim of this paper is to show that immigration is one of the most efficient objects of interest to European Union citizens and leaders. In the interest of the EU and its Member States is therefore to show that they are developing an overall strategy for managing migration for the benefit of all stakeholders: the European Union, its citizens, migrants and the source countries of migration.

Migration policies within the EU are increasingly concerned with attracting a particular migrant profile, often in an attempt to alleviate specific skills shortages. Besides policies to encourage labour recruitment, immigration policy is often focused on two areas: preventing irregular migration and the illegal employment of migrants who are not permitted to work, and promoting the integration of immigrants into society. In the EU, significant resources have been mobilised to fight people smuggling and trafficking networks.

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Where Have All the Youngsters Gone? The Background and Consequences of Young Adults’ Outmigration from Hungarian Small Towns

Abstract

Due to the general demographic situation in Hungary and the recent overall crisis of this traditional settlement-type, Hungarian small towns have been facing an intensive shrinking since the last decade. Although natural decrease and migration loss are almost equal factors of population decline, outmigration seems to be a more strategic, critical problem for these settlements. There are hardly any reliable data available about the migrants leaving small towns, but some of them seem to support the wellknown assumption that the young people, who leave these towns are looking for wider horizons and better perspectives. The aim of the present paper is to analyse the outmigration of young adults from small towns, and give estimation about the international aspects of migration, which is hardly ever published in official statistics. The paper also aims at revealing the impact of the intensive migration on the local labour market. A short statistical analysis based on census data and two empirical surveys conducted by the authors are also included. One was carried out with the support of volunteer contributors, former small-town students, who tried to reconstruct the post-secondary school migration of their former classmates. The other survey contains a series of interviews focusing on the consequences of the young adults’ migration on the labour market. The results facilitate the estimation regarding the (weak) capability of small towns to keep their young population, and highlight the problems of local developmental options within the context of demographic shrinkage.

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Marriage Migration and the Labour Market

Marriage Migration and the Labour Market

This article starts by asking whether economic motivations can explain why so many youngsters with a migrant background choose to marry a relatively unknown partner from the same region as their parents came from, a region that is largely unknown to them, and conversely why so many young people in countries in the South are opting for an unknown partner living in a far away country. In answering these questions Turkish marriage migration to Belgium will be used as a case study, since it offers several helpful insights in understanding the dynamics of marriage migration. The main focus of this article is on the relevance of socioeconomic explanations in understanding this issue. Economic reasons obviously play a role, but it is clear that they alone do not fully explain this phenomenon. The case described shows that reasons for migration go beyond economic benefits, permitting the conclusion that the popularity of marriage migration can only be explained by taking multiple frames of reference into account. Given the poor prospects and poor labour market situations for Turkish migrants, economic motivation seems an insufficient explanation of the phenomenon. It is clear that the existence of a "culture of migration" that binds the region of origin with the region of destination, one in which "the family" as an institution is capable of bridging the traditional praxis and the challenges linked to international migration, is complementary to understanding the enduring popularity of marriage migration between Emirdağ and Flanders.

Open access
The ‘Guest-Worker Syndrome’ Revisited?
Migration and employment among Polish workers in Oslo

Abstract

This paper discusses whether recent Polish labour migrants in Norway are likely to face long-term integration problems related to labour market exclusion and welfare dependency. The analyses of the development over the first six years since European Union accession suggest a conditional yes. On the basis of survey and qualitative data collected among Polish workers in Oslo, I show that (1) substantial numbers of initial temporary migrants have settled down, owing to life-cycle- and family-related dynamics of the migratory process; (2) flexibilisation and ethnic segmentation in migrant-labour-intensive industries have prevented migrants from accessing stable employment; and (3) migrant workers with weak ties to the labour market are particularly at risk of being pushed out of employment in times of economic uncertainty and restructuring. These workers have, however, so far had quite limited access to unemployment benefits and other welfare state benefits. The analyses suggest that, despite some significant differences, the experiences of the so-called guest-workers of the post-war era may be a relevant historical reference for understanding the situation of today’s free-moving Central and Eastern European workers.

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Motives and barriers of migration to Saxony: the case of migrating health professionals from Czechia

Abstract

The regime change in the former German Democratic Republic and its reunification with the Federal Republic of Germany at the beginning of 1990s launched significant social and economic changes which resulted i.a. in high out-migration rate and secondary also rapid demographic ageing of the populations of the states of former Eastern Germany including Saxony. As a consequence, there is a lack of health professionals in Saxon hospitals which is going to be solved by the in-migration of medical staff from abroad. The geographical location of the Federal state of Saxony predetermines representatives of Saxon hospitals to look for missing health care labour in Czechia and latest statistics demonstrate that this could be a successful way to stabilize or even increase the personnel numbers of Saxon health care providers. The aim of this article is not only to bring some basic data about the migration of Czech health professionals to Germany, but especially to focus on processes which facilitate or hinder such kind of mobility, influence the rate of success of their integration both into the work team and German society and form the prospects of their permanent stay in Germany. Ten interviews with Czech health professionals were conducted in order to fulfill these ambitions. As a result, crucial barriers and recommendations for improvements concerning the migration decision making, their integration and sustaining in the migratory destination are presented.

Open access